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Game Law 




AS AMENDED 



BY THE 



47th General Assembly 




COMPLIMENTS OF 

JESSE B. JONES 

STATE GAME AND PISH 
COMMISSIONER 



JEFFERSON CITY, MO. 

















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0CT'"27 1913 



Game Law of Missouri. 



ARTICLE II— PRESERVATION OF FISH AND 

GAME. 

SECTION 

6508. Title to birds, flsh and game in state. 

6509. Killing and transporting prohibited — game birds 

defined. 

6510. Nests and eggs not to be destroyed. 

6511. Penalty. 

6512. Three preceding sections not to apply, when. 

6513. Certificates to be granted by game warden, when. 

6514. Expiration of certificates. 

6515. Certain birds not protected. 

6516. Periods certain birds may be killed — penalty. 

6517. Killing certain birds prohibited — penalty. 

6518. Aquatic birds not to be pursued, how — blinds pro- 

hibited — penalty — exception. 

6519. Devices, poisons, etc., prohibited — penalty. 

6520. Regulating killing of deer — penalty. 

6521. Regulating killing of squirrel, etc. — penalty. 
6521a. Regtilating killing of fur-bearing wild animals. 

6522. Right to kill — number — retain, what length of 

time. 

6523. Consignee to notify warden, when — penalty. 

6524. Game in close season — penalty. 

6525. Selling prohibited — penalty. 

6526. Cost of arrest, how taxed. 

6527. Liable for attempt — accessories liable. 

6528. Definition of terms — sufficiency of indictment. 

6529. Warrant, how served on corporation. 

6530. Imprisonment for failure to pay fine. 

6531. Liable for wildfire — penalty. 

6532. Failure of officer to perform duty — penalty. 

6533. Limitation of prosecution. 

6534. Printing. 

6535. Obstructing free passage of fish — penalty. 

6536. Contamination of streams — -penalty. 

6537. Explosives prohibited — penalty. 

6538. Poison and explosives not to be used to kill flsh. 

6539. Permit to keep explosives. 

6540. Affidavit of persons keeping explosives. 

6541. Permits, form of — to be registered. 

6542. Affidavit of person purchasing explosives. 

6543. Possession of explosives a misdemeanor, when. 

6544. Permits to be delivered — fees. 

6545. Officers to enforce law — sections to be given in 

charge to grand juries. 

6546. Violation of law a felony — penalty. 

6547. Disposition of fines recovered. 

6548. Use of nets or seines prohibited — penalty. 

6549. Pishing near ladder or under ice prohibited — pen- 

alty. 

(3) 



SECTION 

6550. Sale of certain flsh prohibited. 

Pearl fishing prohibited — what seasons. 

Owner of milldams — duty to make flsh chute. 

Game commissioner to prepare plan for flsh chute. 

Game commissioner to inspect dams. 

Penalty for dam owner for failure to construct 
chute. 

Corporation owning dam — who liable. 

Governor to appoint game and flsh commissioner — 
salary. 

Game commissioner shall file statement, with 
whom. 

Game commissioner shall give bond. 

Game commissioner shall keep a seal. 

Game commissioner shall make report to governor 
— when — what. 

Duties of game commissioner. 

Certain articles forfeited to state. 

Game commissioner may examine packages — pen- 
alty for refusal to allow examination. 

Commissioner may serve warrants — may arrest 
without warrant, when. 

Commissioner may appoint deputies — compensa- 
tion. 

Commissioner to publish and distribute laws re- 
lating to game. 

Commissioner may issue permits, when — to whom. 

Taxidermy — who shall engage in. 

Commissioner may transmit specimens to other 
state wardens, when. 

May remove flsh, when. 

Permits to be issued, when — fee. 

Certain oflicers deputy wardens. 

License to hunt. 

License to nonresidents, how procured— must keep 
record — license to residents, how procured. 

Application of nonresidents must contain what — 
fee. 

Resident license, by whom issued — record kept — 
clerk's fee — monthly remittance and report — 
penalty. 

Resident or state license, good where — qualifica- 
tions of applicant — fee — proviso. 

Duties of license collector St. Louis city same as 
county clerk. 

License may be inspected, by whom — penalty for 
refusal. 

Penalty for hunting without license. 

Penalty for fraudulently procuring license. 

Licenses distinguishable in color — distribution of 
— annual return and report. 

Schedule of game and open dates on back of 
license — licensee shall report to commissionei. 

"Game protection fund," availability and restric- 
tions. 
6686. Trials, duty to report fines. 
6587. Penalties collected, how disposed of. 



6551. 
6552. 
6553. 
6554. 
6555. 

6556. 
6557. 

6558. 

6559. 
6560. 
6561. 

6562. 
6563. 
6564. 

6565. 

6566. 

6567. 

6568. 
6569. 
6570. 

6571. 
6572. 
6573. 
6574. 
6575. 

6576. 

6577. 



6578. 

6579. 

6580. 

6581. 
6582. 
6583. 

6584. 

6585. 



SECTION 

6588. State treasurer to make monthly report to com- 

missioner. 

6589. Shipping, owner to accompany game — penalty. 

6590. Transportation company must inquire for license 

before shipping. 

6591. Deer or elk may be shipped, when. 
4893a. Trespass — hunting. 

1, 2, 3. Trespass (trapping) — emergency clause. 

Section 6508. Title to birds, fish and game In 
state. — The ownership of and title to all birds, fish and 
game, whether resident, migratory or imported, in the 
state of Missouri, not now held by private ownership, 
legally acquired, is hereby declared to be in the state, 
and no fish, birds or game shall be caught, taken or 
killed in any manner or at any time, or had in posses- 
sion, except the person so catching, taking, killing or 
having in possession shall consent that the title of said 
birds, fish and game shall be and remain in the state of 
Missouri, for the purpose of regulating and controlling 
the use and disposition of the same after such catching, 
taking or killing. The catching, taking, killing or having 
in possession of birds, fish or game at any time, or in 
any manner, by any person, shall be deemed a consent 
of said person that the title of the state shall be and re- 
main in the state, for the purpose of regulating the use 
and disposition of the same, and said possession shall be 
consent to such title in the state. (Laws 1909, p. 519.) 

The absolute ownership of wild game is vested in the 
people of the state. The legislature may make any restric- 
tions it may deem proper, or prohibit the killing of game 
entirely. State v. Heger, 194 Mo. 707; State v. Weber, 
205 Mo. 36. For a history of legislation on fish and game, 
and as to disposition of fines and penalties, see State ex 
rel V. Warner, 197 Mo. 650. This statute includes fish 
artificially propagated and game raised in captivity. State 
V. Weber, 205 Mo. 36. But Sec. 6591 excepts shipment of 
elk and deer from private preserves. 

Sec. 6509. Killing and transporting prohibited 
— game birds defined. — No person shall, within the 
state of Missouri, kill or catch, or have in his posses- 
sion, living or dead, any wild bird other than a game 
bird, or purchase, offer or expose for sale, transport or 
ship, within or without the state, any such wild bird 
after it has been killed or caught, except as permitted 
by this article. No part of the plumage, skin or body 
of any bird protected by this section shall be sold or had 
in possession for sale, irrespective of whether said bird 
was captured or killed within or without the state. For 
the purpose of this article the following only shall be con- 



6 



sidered game birds: The anatidse, commonly known as 
swans, geese, brant, and river and sea ducks; the rallidae, 
commonly known as rails, coots, mud-hens and gallinules; 
the limicolae, commonly known as shore birds, plovers, 
surf-birds, snipe, woodcock, sandpipers, tattlers and cur- 
lews; the gallinae, commonly known as wild turkeys, 
grouse, prairie chickens, pheasants, partridges and quails; 
the columbae, commonly known as doves and pigeons; 
all other species of birds, either resident, migratory or 
imported, shall be considered non-game birds. Nothing 
in this article shall be construed to prevent the posses- 
sion and sale of live canaries and parrots. (Laws 1909, 
p. 519.) 

Sec. 6510. Nests and eggs not to be destroyed. 
No person shall, within the state of Missouri, take or 
needlessly destroy the nest or the eggs of any wild bird, 
nor shall have such nest or eggs in possession except as 
permitted by this article. (Laws 1909, p. 519.) 

Sec. 6511. Penalty. — Any person who violates 
any of the provisions of sections 6509 or 6510 shall be 
guilty of a misdemeanor, and shall be liable to a fine of 
twenty-five dollars for each offense, and an additional 
fine of five dollars for each bird, living or dead, or part 
of bird, or nest or egg possessed in violation of this 
article. (Laws 1909, p. 519.) 

Sec. 6513. Three preceding sections not to ap- 
ply, when. — Sections 6509, 6510 and 6511 of this article 
shall not apply to any person holding a certificate giving 
the right to take birds and their nests and eggs for scien- 
tific purposes, as provided for in section 6513. (Laws 
1909, p. 519.) 

Sec. 6513. Certificates to be granted by game 
commissioner, when. — Certificates may be granted by 
the state game and fish commissioner to any properly 
accredited person of the age of fifteen years or upwards, 
permitting the holder thereof to collect birds, their nests 
or eggs, for strictly scientific purposes only. In order 
to obtain such certificates, the applicant for the same 
must present to the state game and fish commissioner 
written testimonials from two well-known ornithologists, 
certifying to the good character and fitness of said appli- 
cant to be Intrusted with such privilege; must pay to the 
state game and fish commissioner two dollars to defray 
the necessary' expenses attending the granting of such 
certificate. Certificates will become void upon proof 
that the holder of such certificate has killed any bird, or 



taken the nest of eggs of any kind, for other than the 
purposes named in sections 6512 and 6513 of this article, 
and the holder shall be further subject for each offense 
to the penalties provided therefor in section 6511 of this 
article. (Laws 1909, p. 519.) 

Sec. 6514. Expiration of certificates. — The cer- 
tificates authorized by section 6513 shall expire on the 
31st day of December of the year issued, and shall not 
be transferable. (Laws 1909, p. 519.) 

Sec. 6515. Certain birds not protected. — The 
English or European house sparrow, goshawk, Cooper's 
hawk, sharp shinned hawk, great horned owl, crow and 
crow blackbird (Bronzed Grackle), are not included 
among the birds protected by this article. (Laws 1909, 
p. 519.) 

Sec. 6516. Periods certain birds may be killed 
— penalty. — No person shall take, capture or kill, by 
any means whatever, any game birds except the follow- 
ing named game birds between the following dates: Wild 
turkey, November 1st to December 31st of each year; 
quail (bobwhite, partridge), from December 1st to De- 
cember 31st of each year; ducks, geese and brant, Jan- 
uary 1st to April 30th and September loth to December 
31st of each year; snipe, January 1st to April 30th and 
September 15th to December 31st of each year; plover, 
September 1st to December 31st of each year; doves, 
September 1st to December 31st of each year. Any one 
who shall violate any of the provisions of this section 
shall, upon conviction thereof, be punished by a fine of 
not less than twenty-five dollars nor more than fifty 
dollars for each offense, and an additional fine of five 
dollars for each bird injured, killed or possessed. (Laws 
1909, p. 519.) 

Note. — -This is a new section (H. B. 145) passed by 
the Forty-seventh General Assembly and approved by the 
Governor March 25, 1913, and differs from the old section 
bearing the same number of the Laws 1909. The author 
of this bill made an error by including in his bill "(Laws 
1909, p. 519)." 

Sec. 6517. Killing certain birds prohibited — 
penalty. — Any person who shall take, capture or kill, 
except under permit, any woodcock, pinnated grouse 
(prairie chicken), ruffed grouse (pheasant), Mongolian, 
Chinese or English pheasant, or other resident, migra- 
tory or imported game bird except as provided in section 
6516, shall be punished by a fine of not less than twenty- 
five dollars nor more than fifty dollars for each offense, 



8 



and an additional fine of five dollars for each bird cap- 
tured, killed or possessed. (Laws 1909, p. 519.) 

Sec. 6518. Aquatic birds not to be pursued, 
how — blinds prohibited — penalty — exception. — Any 

person who, in the pursuit of any wild duck, goose, brant, 
or other aquatic bird, upon the waters of this state, shall 
use any sneak boat, or any sailboat, or boat propelled by 
steam, naphtha, electric or other engine or machinery, 
or any battery, swivel gun or punt gun, or who shall kill 
or attempt to kill or pursue, while occupying or using 
any such boat, any wild geese, duck, brant, or other 
aquatic bird, or who shall construct or use, for the pur- 
pose of hunting, upon the ice, any fixed or artificial blind 
or ambush, shall be punished by a fine of not less than 
ten dollars nor more than fifty dollars: Provided, how- 
ever, that it shall be lawful to shoot aquatic birds on the 
Missouri and Mississippi rivers from motor boats. (Laws 
1909, p. 519.) 

Sec. 6519. Devices, poisons, etc., prohibited — 
penalty. — No person shall at any time make use of any 
pit, pitfall, deadfall, scaffold, cage, snare, trap, net, salt 
lick, baited hook, or any other similar device, or any 
drug, poison, chemical or explosive, for the purpose of 
injuring, capturing or killing any birds or animals pro- 
tected by the laws of this state, except as otherwise 
provided. No person shall pursue, catch, take or kill 
any birds, deer, wild turkey, wild ducks, wild geese, 
brant, or other aquatic bird or fowl, between sunset and 
the following sunrise. Any person violating any pro- 
vision of this section shall be punished by a fine of not 
less than twenty-five dollars nor more than one hundred 
dollars. (Laws 1909, p. 519) 

Sec. 6529. Regulating killing of deer — penalty. 
It is hereby declared unlawful to kill or attempt to 
kill any deer in the state of Missouri under one year of 
age. It is further declared unlawful to kill any deer of 
any age between the first day of January and the first 
day of November of each year, and for the purpose of 
preventing the extinction of the species it is hereby de- 
clared unlawful to kill any doe. It is further declared 
unlawful to make use of any artificial light in hunting 
or killing deer; and the wearing or having such light on 
the head shall be prima facie evidence of the violation 
of this section. It is also declared unlawful for any 
person to wound, kill or capture any deer in the waters 
of the streams, ponds or lakes within the jurisdiction 
of this state, or to hunt or chase deer with dogs, or to 



9 



have in possession or transport at any time the carcass 
of any deer, or any portion of such carcass, unless the 
same has thereon the natural evidence of its sex. Any 
person violating the provisions of this section shall be 
punished by a fine of not less than twenty-five dollars 
nor more than one hundred dollars. (New section.) 

Approved March 20, 1913. 

Sec. 6531. Regulating killing of squirrels, etc. 
— ^penalty. — No person shall pursue, injure, capture, kill 
or destroy any gray squirrel, fox squirrel (American 
squirrel) or black squirrel only from July 1st to Novem- 
ber 30th, both inclusive; nor shall any person pursue, 
injure, capture, kill or destroy any such squirrels at any 
time in any public or private park: Provided, that any 
person may protect his premises from the ravages and 
depredation of animals named in this section at any time 
and in any way. Any person who shall violate any of 
the provisions of this section shall be punished by a fine 
not to exceed twenty-five dollars. (New section.) 

Sec. 6521a. Regulating killing of fur-bearing 
wild animals. — It shall be unlawful for any person to 
kill any fur-bearing wild animal or take, offer for sale, 
bargain or buy, any pelts of fur-bearing wild animals of 
this state when said pelts have been taken out of season. 
The season for taking such pelts shall be from November 
first to December thirty-first, and from January first to 
February first of each year: Provided, that any person 
may protect his premises from the ravages and depreda- 
tions of any animals named in this section at any time 
and in any way. Any person who violates any of the 
provisions of this article shall, upon conviction thereof, 
be deemed guilty of misdemeanor and shall be punished 
by a fine not to exceed twenty-five ($25.00) dollars. 

(New sections.) Approved March 25, 1913. 

Sec. 6522. Right to kill — number — retain, what 
length of time — penalty. — The right given by this 
article to take or kill deer or birds, or to have in posses- 
sion, unless otherwise specified, is limited to food pur- 
poses and to one deer, two turkeys and ten birds of any 
other family for each person in any one calendar day, and 
no person shall take, kill or have in possession at any one 
time more than two deer, four turkeys and fifteen birds 
of any other family. No birds, game or fish, protected 
by this article, shall be held in possession by any person 
for more than five days after the close of the season for 
killing the same. Any person violating any of the pro- 
visions of this section shall be deemed guilty of a mis- 
GL,-2 



10 



demeanor, and, upon conviction thereof, shall be fined 
not less than twenty-five dollars nor more than fifty 
dollars. (Laws 1909, p. 519.) (New section.) 

Approved March 25, 1913. 

Note. — The author of this section (H. B. 146) made 
an error in including in his bill "(Laws 1909, p. 519)" as 
this section differs from the old one bearing the same num- 
ber of the Laws 1909. There is also a conflict between the 
enacting clause for this section and the section as it is worded. 
If the section were to read in accordance with the enact- 
ing clause, no person could have in possession at any one 
time more than "ten birds of any other family," in addition 
to the deer and turkeys allowed by this section. 

Sec. 6523. Consignee to notify commissioner, 
when — penalty. — Any persons, firm or corporation, to 
whom is consigned any birds, game or fish, the killing, 
sale or possession of which is at any time or at all times 
prohibited, shall, upon receipt of same, immediately 
notify the state game and fish commissioner, or any of 
his deputies, and safely keep such game, birds or fish in 
his possession or under control, subject to the order of 
said game commissioner. Any person violating any of 
the provisions of this section shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be fined not 
less than twenty-five dollars nor more than fifty dollars. 
(Laws 1909, p. 519.) 

Sec. 6524. Game in close season — penalty. — 
Any person who shall have in his possession or under his 
control any variety of fish, game or birds during the close 
season prescribed by law therefor, or any carcass or flesh 
thereof, except for scientific or propagating purposes, 
shall be punished by a fine of not less than fifty dollars 
nor more than one hundred dollars. (Laws 1909, p. 519.) 

Sec. 6525. Selling prohibited — penalty. — Any 
person, firm or corporation who shall at any time of the 
year barter, sell, or offer for sale, in this state, either 
under the name used in this article or under any other 
name or guise whatever, any animals or birds protected 
in this article, whether taken within or without this 
state, or lawfully or unlawfully taken, shall be punished 
by a fine of not less than fifty dollars nor more than one 
hundred dollars, and an additional fine of five dollars for 
every bird or animal or part of every bird or animal sold 
or offered for sale. (Laws 1909, p. 519.) 

The provisions of this section are constitutional, and 
do not interfere with interstate commerce regulations. State 
V. Heger, 194 Mo. 707; State v. Weber, 205 Mo. 36. 

Sec. 6526. Cost of arrest, how taxed. — When an 
arrest for a violation of this article is made by any com- 



11 



missioner and the defendant is convicted, there shall be 
taxed as costs in favor of such commissioner making the 
arrest the same fees as a constable is entitled to in a case 
of misdemeanor, and, if collected from the defendant, 
shall be paid over to such a commissioner, and shall be his 
personal perquisite, for which he need not account, but 
no fees shall be allowed in case of acquittal, nor shall any 
county or the city of St. Louis be liable for such fees in 
any event. (Laws 1909, p. 519.) 

Sec. 6527. Liable for attempt — accessories 
liable. — Any attempt to violate any provisions of this 
article shall be punished to the same extent as an actual 
violation thereof. Any such attempt, or any violation 
by an agent, clerk, officer or employe, while acting for 
any other person, shall render such party liable also, and 
an accessory may in all cases be prosecuted and punished 
as a principal. (Laws 1909, p. 519.) 

Sec. 6538. Definition of terms — sufBciency of 
indictment. — As used in this article, unless otherwise 
specifically restricted or enlarged, the words herein and 
hereof refer to the whole article; the words person, owner, 
proprietor, grantee, lessee or licensee Include a firm, asso- 
ciation, corporation or municipality; the word commis- 
sioner means the state game and fish commissioner or 
deputy commissioner provided for herein; the word of- 
ficer includes every person authorized to enforce this 
article; the words close season mean that season In which 
the birds, game or fish shall not be killed or possessed, and 
whenever the possession, use, importation, transporta- 
tion, storage, taxidermy, sale, offering or exposing for 
sale of fish, game or birds is prohibited or restricted, the 
prohibition or restriction shall extend to and include 
every part of such fish, game or bird, and a violation as 
to each individual animal, fish or bird, or part thereof, 
shall be a separate offense, and two or more offenses may 
be charged in the same complaint, information or Indict- 
ment, and proof as to a part of a fish, bird or animal shall 
be sufficient to sustain a charge as to the whole of it; and 
violations as to any number of animals, fish or birds of 
the same kind may be charged in the same count and 
punished as a separate offense as to each animal, bird, 
fish or game. (Laws 1909, p. 519.) 

Sec. 6529. Warrant, how served on corpora- 
tion. — In case of a violation of this article by a corpora- 
tion, the warrant of arrest may be read to the president, 
secretary or manager In this state, or any general or local 



12 



agent thereof in the county where the action is pending, 
and upon the return of such warrant so served, the cor- 
poration shall be deemed in court and subject to the 
jurisdiction thereof, and any fine imposed may be col- 
lected by execution against the property of such corpora- 
tion, but this section shall not be deemed to exempt any 
agent or employe from prosecution. (Laws 1909, p. 519.) 

Sec. 6530. Imprisonment for failure to pay 
fine. — Whenever, upon conviction, the person convicted 
fails to pay the fine and costs imposed upon him, he shall 
be committed to the jail of the county, or the city of 
St. Louis, or to some workhouse, and shall there be kept 
confined one day for each dollar of fine and costs ad- 
judged against him, and he shall not be discharged or 
released therefrom by any board or officer, except upon 
payment of the portion of the fine and costs remaining 
unserved, or upon the order of the governor of this state. 
(Laws 1909, p. 519.) 

Sec. 6531. Liable for wildfire — penalty. — No per- 
son shall set fire to any timber or grass on land belonging 
to this state or to the United States, or set fire to any 
place where it is liable to spread to such timber or grass, 
nor abandon any camp fire unextinguished. Any person 
violating any of the provisions of this section shall be 
deemed guilty of a misdemeanor, and, upon conviction, 
shall be fined not less than twenty-five dollars nor more 
than two hundred dollars. (Laws 1909, p. 519.) 

Sec. 6532. Failure of officer to perform duty — 
penalty. — Any official, officer or commissioner who shall 
fail to perform any act, duty or obligation enjoined 
upon him by the game and fish laws shall be guilty of 
misdemeanor, and shall be punished by a fine of not less 
than one hundred dollars nor more than five hundred 
dollars and costs of prosecution. (Laws 1909, p. 519.) 

Sec. 6533. Limitation of prosecution. — Prosecu- 
tions under this article may be commenced within one 
year from date of violation of any provision of this article, 
either by indictment, complaint or information. (Laws 
1909, p. 519.) 

Sec. 6534. Printing. — The blanks and other print- 
ing necessary to carry out the provisions of this article 
shall be printed under the direction of the commissioners 
of public printing in the form to be prescribed by the 
state game and fish commissioner, to be paid for in like 
manner and upon the same terms as other public print- 
ing. (Laws 1909, p. 619.) 



18 



Sec. 6535. Obstruotlng free passage of flslkr— 
penalty. — It shall be unlawful for any person or per- 
sons to place, or cause to be placed or erected, any seiat, 
screen, net, weir, fish dam or other obstruction in or 
across any of the waters, rivers, creeks, ponds, streams, 
sloughs or other watercourse within the jurisdiction of 
this state in such a manner as will obstruct the free pas- 
sage of fish up and down and through such water or water- 
courses. Any person violating any of the provisions of 
this section shall be deemed guilty of a misdemeanor, 
and be fined, upon conviction, not less than fifty dollars 
nor more than two hundred dollars, and costs of prosecu- 
tion. (Laws 1909, p. 519.) 

See Sec. 5482 and notes. 

Sec. 6536. Contamination of streams — penalty. 
It shall be unlawful for any person or persons, firm or cor- 
poration to cause any dyestuff, coal tar, oil, sawdust, 
poison or deleterious substances to be thrown, run or 
drained into any of the waters of this state in quantities 
sufficient to injure, stupefy or kill fish which may in- 
habit the same at or below the point where any such sub- 
stances are discharged or caused to flow or be thrown 
into such waters: Provided, that it shall not be any 
violation of this section for any person, firm or corpora- 
tion engaged in any mining industry to cause any water 
handled or used in any branch of such industry to be 
discharged on the surface or land where such industry 
or branch thereof is being carried on. Any person or 
persons, firm or corporation offending against any of the 
provisions of this section shall be deemed guilty of a 
misdemeanor, and, upon conviction, shall be fined not 
less than two hundred dollars nor more than five hun- 
dred dollars for each offense. (Laws 1909, p. 519.) 

See State v. Light etc. Co., 212 Mo. 101, holding that 
a section with the provisions contained in this section would 
be valid. 

Sec. 6537. Explosives prohibited — penalty. — The 

use of dynamite or explosives in any of the waters of 
this state is prohibited except by the special permission 
and under the supervision of the state game and fish com- 
missioner, and then only for mining or mechanical pur- 
poses, or to recover the bodies of persons. Any person, 
firm or corporation offending against any of the pro- 
visions of this section shall be deemed guilty of a mis- 
demeanor, and, upon conviction, shall be fined not less 
than five hundred dollars nor more than one thousand 
dollars for each offense. (Laws 1909, p. 519.) 
See Sec. 6538 and notes. 



14 



Sec. 6538. Poison and explosives not to be used 
to kill fish. — No person shall place or use in any of the 

•waters of this state any medicated drug, any cocculus 
indicus, or fish berry, or any other poisonous thing or 
substance, calculated to poison, kill or injure any fish, 
nor shall by such means kill, catch or take any fish that 
may be in said waters, and no person shall place any 
dynamite, giant powder, nitroglycerine or any explosive 
substance of which nitroglycerine composes a part, or 
any other explosive substance or preparation, in any of 
the waters of the state, whereby any fish that may be in 
said waters may be killed, injured or destroyed, and no 
person shall by such means kill, catch or take any 
fish from said waters. (R. S. 1899, Sec. 7456.) 

This section and Sec. 6546 were not repealed by Sec. 
29, Laws 1905, p. 158, which was the same as Sec. 6537. 
They define diflferent offenses with different punishments, 
and both are valid. State v. Hodges, 214 Mo. 376. See, 
also. State v. Light etc. Co., 212 Mo. 101; State v. Hodges, 
207 Mo. 517. 

Sec. 6539. Permit to keep explosives. — No per- 
son, corporation or joint-stock company shall have, re- 
tain or keep in his possession or under his or its control, 
nor sell, give away or in any manner or way dispose of 
dynamite, giant powder, nitroglycerine or any explosive 
substance of which nitroglycerine composes a part, or 
any other explosive substance, except gunpowder and 
blasting powder for ordinary purposes, without first 
obtaining a permit authorizing the same from the clerk 
of the county court, or mayor of the city of St. Louis, 
in whichever county or city such applicant may desire to 
do such business, nor without first making and deliver- 
ing the affidavit required by the next succeeding section 
of this article. (R. S. 1899, Sec. 7457.) 

Sec. 6540. Affidavit of persons keeping explo- 
sives. — Any person, corporation or joint-stock company 
desiring to continue in or engage in the dealing or sale of 
any of the articles mentioned in the foregoing section, 
shall make the following affidavit before some officer 
authorized to administer oaths, to wit: 

"(A B), desiring to deal in (here name the articles or 
part of them described in the foregoing section), do sol- 
emnly swear that I will not use the same unlawfully, nor 
use it or any part thereof in catching or killing flsh, nor 
permit any one in my employ so to do, if in my power to 
prevent it; that I will not sell, give away or in any way 
dispose of any of said articles, or part thereof, to any per- 
son until he or they shall deliver to me the affidavit required 
to be made by pxirchasers as provided for by sections 6538 
to 6547, Kevised Statutes, 1909; which affidavit of such 



15 



purchaser I will file with the clerk of the county court of 

county (or with the mayor of the city of St. Louis) 

as required by said sections." 

(R. S. 1899, § 7458.) 

Sec. 6541. Permits, form of — to be registered. 

Any person desiring a permit to deal in any of the explo- 
sive articles described in this article may present to and 
file with the clerk of the county court of the county in 
which he desires to do such business, or if he desires to do 
such business in the city of St. Louis, then to the mayor 
thereof, an affidavit as required by the foregoing section, 
whereupon such clerk, or mayor, shall issue a permit to 
such person, or to his agent for him, in the words or to. 
the effect following: 

"State of , county of (or city of St. Louis). 

A B of •, Missouri, is hereby permitted to deal in ex- 
plosives at county, Missouri. Witness my hand and 

seal, etc., date, etc." 

Such mayor or clerk shall keep a book in which 
shall be recorded a memorandum of all permits granted 
under this article, and of all affidavits filed with them 
under the provisions thereof, and shall also carefully 
preserve all such affidavits, free to the inspection of all 
citizens of this state: Provided, such affidavit required 
of corporations or joint-stock companies may be made 
and filed by any agent or officer thereof. (R. S. 1899, 
Sec. 7459.) 

Sec. 6542. Affidavit of person purchasing ex- 
plosives. — Any person, corporation or joint-stock com- 
pany desiring to procure for their own use any of the 
explosives described in this article, shall make an affida- 
vit and deliver it to any one authorized under this article 
to deal in such articles, which affidavit shall be in the 
following form or to the effect following, to wit: 

"I (C D), desiring to procure from the following 

explosives, , to be used for lawful purposes, do sol- 
emnly swear that I will not use them, or any part thereof, 
for unlawful purposes, nor in catching nor killing fish in 
any of the waters of this state, nor permit them to be so 
used by others, if in my power to prevent it; that I will not 
sell or give away any of said articles, or permit any of said 
explosives to go from under my control to any other person." 

Provided, that such affidavit may be made by any agent 
of any corporation or joint-stock company, or officer 
thereof, in order to procure for its lawful use any of such 
articles; and such dealer selling or disposing of such 
articles shall, within five days, file such affidavit so de- 
livered to him with the county clerk, or the mayor of 



16 



St. Louis, if the purchase is made in that city. (R. S. 
1899, Sec. 7460.) 

Sec. 6543. Possession of explosives a misde- 
meanoT, when. — Any person, corporation or joint-stock 
company not having obtained a permit as required by 
this article, and all persons, corporations or joint-stock 
companies not having made and delivered the affidavit 
required by this article, who shall have in their posses- 
sion or under their control any of the explosive articles 
named in this article, or who shall fail to file the affidavit 
required of purchasers of them, as required by this ar- 
ticle, shall be deemed guilty of a misdemeanor, and on 
conviction, punished by a fine of not less than fifty dol- 
lars. (R. S. 1899, Sec. 7461.) 

Sec. 6544. Permits to be delivered — fees. — It 
shall be the duty of the county clerks, and of the mayor 
of the city of St. Louis, to deliver to all persons permits 
who shall comply with the provisions of this article, and 
for the preparation of and attestation to affidavits and 
executing permits may charge and receive twenty-five 
cents each from the person to whom issued. (R. S. 
1899, Sec. 7462.) 

Sec. 6545. Officers to enforce law — sections to 
be given in charge to grand juries. — It shall be the 
duty of all sheriffs and their deputies, constables and 
their deputies, and all prosecuting attorneys and their 
assistants, within their respective counties, and the city 
of St. Louis, to diligently aid in enforcing the provisions 
of all laws in relation to the protection and preservation 
of fish in the waters of this state, and sections 6538 to 
6547 of this article shall be given in special charge to the 
grand juries, by all courts having criminal jurisdiction, 
by indictment. (R. S. 1899, Sec. 7463.) 

Sec. 6546. Violation of law a felony — penalty. 
Any person who shall violate any of the provisions of 
sections 6538 to 6545, inclusive, or fail to truthfully 
observe the provisions and requirements of any affidavit 
made by him, under the provisions of said sections shall, 
on conviction, be adjudged guilty of a felony, and pun- 
ished by imprisonment in the penitentiary for a term 
not exceeding two years, or by imprisonment in the 
county jail not less than thirty days, or by fine not less 
than one hundred dollars, or by both such fine and im- 
prisonment. (R. S. 1899, Sec. 7464.) 

Sec. 6547. Disposition of fines recovered. — One- 
half of all fines collected upon convictions under the pro- 



17 



visions of sections 6538 to 6545, inclusive, shall be paid 
to the informer or prosecutor, and the other half paid 
into the county school fund, and all officers, their depu- 
ties and assistants, required by said sections to aid in 
their enforcement shall be considered informers and 
prosecutors in all cases where they shall originate prosecu- 
tions for any violations of the provisions of said sections. 
(R. S. 1899, Sec. 7465.) 

Sec. 6548. Use of nets and seines prohibited — 
penalty. — It shall be unlawful for any person or per- 
sons to take, catch or kill any fish in any of the waters 
of this state by means of any seine, trammel net, gill net, 
fish trap or any other kind of net, trap, device or means 
other than by ordinary hook and line, gig spear and 
trotline: Provided, it shall be unlawful for any person 
to take, catch or kill more than fifty pounds of fish in 
any one day, with gig or spear, excepting in the Missouri 
or Mississippi rivers. This law shall not apply to ponds 
or reservoirs wholly on the premises belonging to any 
person using such devices. It shall also be unlawful 
for any person or persons to take, catch or kill any fish 
in any of the waters of this state by any means whatever 
during the month of May, except by ordinary hook and 
line or trot-line. Seining shall be lawful and allowed in 
the Mississippi and Missouri rivers, but not within three 
hundred yards of the mouth of any stream emptying 
into said rivers, during the months of January, February, 
March, July, August, September, October, November 
and December with seines, the meshes of which shall not 
be less than two inches square. Any person may use a 
small seine, not more than 20 feet in length and four 
feet in width, known as a minnow seine, for catching 
minnows to be used for bait only. Any person offending 
against the provisions of this section shall be guilty of a 
misdemeanor, and shall be subject to a fine of not less 
than fifty ($50.00) dollars nor more than two hundred 
($200.00) dollars: Provided, the provisions of this article 
shall not apply to the netting, seining, or catching in any 
manner or the selling, buying or shipping of any fish of any 
description by a bona fide resident of this state whenever 
any such fish, so bought, sold or shipped, shall have been 
caught out of any pond or slough, which are of only 
temporary formation in their nature and caused wholly 
from overflowed waters. Provided further, that any 
person or persons owning land along any unnavigable 
stream, or by permission from said landowner, in this 
GL— 3 



18 



state, may take fish from such stream during the months 
of July, August and September, for his or their own con- 
sumption or table use, with common two-inch mesh net 
seine: Provided, it shall be a misdemeanor to offer for 
sale fish so taken. (New section.) 

Approved March 27, 1911. 

Sec. 6549. Fishing near ladder or under ice 
prohibited — penalty. — It is hereby declared unlawful 
to catch, take or kill any fish in any manner in the waters 
of this state except with pole, line, single hook and only 
natural bait used, within a distance of two hundred feet 
on either side of any fish way or fish ladder erected or 
maintained in compliance with the laws of the state, or 
to take, catch or kill any fish in any manner in any water 
of this state upon the surface of which ice is frozen. Any 
person violating the provisions of this section shall, upon 
conviction, be fined not less than ten dollars nor more 
than fifty dollars. (New section.) 

Approved March 25, 1913. 

Sec. 6550. Sale of certain fish prohibited. — It 
shall be unlawful to sell or offer for sale any of the fol- 
lowing named fishes mentioned below which are less than 
the length specified for each: Trout, eight inches; pike, 
eleven inches; jack salmon, eleven inches; crappie, eight 
inches; bass, eleven inches. Said fish to be measured 
from end of nose to fork of tail. (Laws 1909, p. 519.) 

See. 6551. Pearl fishing prohibited — what sea- 
sons. — It is hereby declared unlawful for any person to 
engage in what is commonly known as "pearl fishing" 
in any of the waters of this state at any time during the 
months of March, April, May and June. Any person 
violating the provisions of this section shall be guilty of 
a misdemeanor, and, upon conviction, shall be fined not 
less than twenty-five dollars nor more than one hundred 
dollars for each offense. (Laws 1909, p. 519.) 

Sec. 6552. Owner of milldams — duty to make 
fish chute. — It shall be the duty of the owners or occu- 
pants of any dam across any stream in this state, and the 
owner or occupant of any dam hereafter constructed 
across any stream in this state, or the owner, occupant, 
firm, corporation, company, persons using such dam or 
dams, or enjoying the use of the same for any manufac- 
turing purposes whatever, or for the purpose of furnish- 
ing water to propel any machinery, to cause to be erected 
in such dam or dams such permanent chutes or fish 
ladders, and of such construction and material as shall 



19 



be prescribed by the state game and fish commissioner 
of this state, such chutes or fish ladders to be completed 
and placed in all dams in existence at the date of the 
passage of this article on or before the first day of No- 
vember, 1909, and all dams hereafter built shall be con- 
structed with such chutes or fish ladders at the time of 
building of said dams. All such chutes or fish ladders 
shall be maintained and kept in good repair by the 
owners or occupants of such dam or dams or by the per- 
son using the water thereof, as aforesaid, during the 
whole time of the existence of said dam or dams; and 
they shall keep said chutes and fish ladders open for the 
free passage of fish during all the months of March, 
April, May and June of each year: Provided, that on 
all streams, where there is not a surplus of water for all 
legitimate purposes of the dam owner during the months 
of March, April, May and June, the said owner shall 
only be required to keep such chute open when there is 
waste water and to cause such waste water to pass 
through such chute sufficient to furnish free passage for 
fish up such stream. (Laws 1909, p. 519.) 

Sec. 6553. Game commissioner to prepare plan 
for fish chute. — It shall be the duty of the state game 
and fish commissioner of this state to procure a draft 
of a general plan on a scale of such construction as will 
in his opinion best subserve the free passage of large 
and small fish, both up and down the small streams at 
the dam, on which plan shall be designated the greatest 
allowable slope per foot run on said chutes or fish lad- 
ders when in place in the dam; also, the proper width 
and depth, together with such other details and speci- 
fications in respect to materials and construction, and 
connection with the dam, as will enable an ordinary 
carpenter to properly construct and place the same. 
(Laws 1909, p. 519.) 

Sec. 6554. Game commissioner to inspect dams. 
The state game and fish commissioner is hereby made 
inspector of dams during his term of oflfice, and it shall 
be his duty to cause to be constructed by the owner of 
said dam a fish chute or ladder as provided by the terms 
of this article, the expense thereof to be paid by the 
owner or occupant enjoying the use of said dam. It 
shall be the duty of the state game and fish commis- 
sioner to prosecute, in the name of the people, with the 
aid of the prosecuting attorney of the county, in all cases 
where this law is not complied with, (Laws 1909, p. 519.) 



21 



Fish Ladder, or Chtite, With Specifications 

As Adopted for Use in Missouri Streams by Jesse B. Jones, 
State Game and Fish Commissioner. 

CRIB OR BULKHEAD. 

Construct of white oak, cypress, pine or other durable 
wood, 2x12 "joist stuff." Mitre and bolt the corners thor- 
oughly in order to resist the drift which might float down 
and strike bulkhead. Bolt the sides of bulkhead at the bot- 
tom at corners with strap irons, full length on sides, and nut 
and washer on under side of bottom. The top crib on top 
of bulkhead should project or stand out of the water at least 
two feet higher than the main chute. 

Fill the crib and bulkhead with heavy stone or concrete, 
sufficient in weight to anchor the chute flrmly down to dam. 
Always recess the chute into dam, sufficient to let full cur- 
rent of water flow through the fish way at low water mark; 
the top of the chute must always be under water. 

If current is too strong to put chute in place, a temporary 
cofferdam of sandbags may be constructed in checking the 
flow of water until chute is in place and bulkhead weighted 
down. Sandbags should be removed when chute is com- 
pleted. 

CHUTE OR RUNWAY. 

Construct the chute of two-inch material (white oak). 
Build first the chute from the crib, letting 2x12 bottom 
pieces extend through under bulkhead. In making joints see 
to it that they come on the arms. Bolt the 2x12 arms to 
bottom and top with two one-half inch bolts to each arm, 
letting them run clear through. Also use plenty of spikes 
in securing all parts together. The runway of the chute must 
extend to within two feet of the bottom of the river, and into 
the pool below the dam. It may be placed at either one side 
or in the center of the dam, but must be placed in the chan- 
nel of the stream and where the greatest depth is always to 
be found. 

Cover the entire chute with two-inch white oak planks, 
leaving a two-inch space between the planks for the purpose 
of cleaning out the pockets. Use plenty of wire nails in the 
construction. Support the slanting chute from the bottom 
of the stream by knees or horses on proper and sufficiently 
strong supports. The length of the chute is determined by 
the height of the dam, the fall being 4 feet to every one foot 
of height of the dam. In securing the chute to the horses or 
knees, place an iron band over the chute and extend down 
and bolt on to the upright supports in order that the two 
will be securely made fast together. 

At the bottom of horses or supports find or form a solid 
bottom, and bolt firmly a cross-arm from one to the other, 
extending on either side about 2 feet in the clear of the run- 
way, and on this arm secure by wiring sufficient weight to 
anchor and hold fast the lower end of chute to within 2 feet 
of bottom of stream during high or low water, so it will not 
be inclined to float. Keep both these lower and upper ends 
of the chutes always clear of debris for the free passage of fish. 
In connecting the slanting part of chute to the level part 
which lays in the dam, use strap irons bolted to each section 
securely, place one across each joint, on sides, top and bot- 
tom. Should dam be of such height as to need several sec- 
tions, always put sufficient supports, well secured and bolted 
and weighted down. 

Estimated amount of material needed to construct a fish 
chute 5 feet wide upon dam with 8 feet fall, the top of dam 
being 6 feet wide. It will be noted that 8 feet is far in excess 
of the height of most dams. 

9 — 2x12x8 bulkhead and crib sides 144 ft. 

5 — 2x12x12 bulkhead bottom and level chute. . . 120 ft. 
10 — 2x12x16 chute bottom, 32-foot run 320 ft. 

5 — 2x12x16 chute sides, 32-foot run 160 ft. 

10 — 2x10x16 chute top, 32-foot run 268 ft. 

5 — 2x12x10 chute pockets or arms 100 ft. 

6 — 6x 6x16 knees or horses 240 ft. 

1 yard rock to weight bulkhead. 

3 strap bolts, 36 inches long, for bulkhead and crib. 
12 bolts, Jxl2 inches for bulkhead. 

24 bolts, jxl6 inches for arms. 

25 pounds spikes. 

24 strap irons for joints in chute. Carpenter and dray. 



22 



Sec. 6555. Penalty for failure of dam owner to 
construct chute. — If the owner or occupant, or any 
firm, corporation, company, person or persons, using or 
enjoying the use of any dam or dams across any stream 
in this state which is now built, or which may be built 
hereafter, shall fail to comply with all the provisions of 
this article with respect to the construction and main- 
tenance in good repair of such chutes and fish ladders in 
any such dam or dams, after having been notified in writing 
by the state game and fish commissioner to construct 
the same, he or they shall be guilty of a misdemeanor, 
and for each thirty days that such owner or occupant 
shall neglect or refuse to comply with all the provisions 
of this article applicable to him or them, he or they shall 
be punished by a fine of not less than one hundred dol- 
lars nor more than three hundred dollars. (Laws 1909, 
p. 519.) 

See Sec. 5482 and notes. 

Sec. 6556. Corporation owning dam — who 
llahle. — In respect to the construction and maintenance 
of fish chutes or fish ladders at dams owned by corpora- 
tions, the duties and liabilities imposed by this article 
shall devolve and be imposed upon the president, secre- 
tary or manager in this state or any general or local 
agent thereof. (Laws 1909, p. 519.) 

Sec. 6557. Governor to appoint game and fish 
commissioner — salary. — It shall be the duty of the 
governor to appoint some person skilled in matters re- 
lating to birds, game and fish, a resident of this state, 
game and fish commissioner, who shall hold his office for 
a term of four years and until his successor has been 
appointed and qualified. He shall receive a salary of 
twenty-five hundred dollars per annum, payable monthly 
out of the game protection fund, in the same manner 
as other state officers are paid. (Laws 1909, p. 519.) 

Sec. 6558. Game commissioner shall file state- 
ment, with whom. — The game and fish warden may 
provide and maintain a suitable office, and may main- 
tain a clerk when necessary. At the end of each calen- 
dar month the said game and fish commissioner shall 
file with the state auditor an itemized statement, under 
oath, of all sums of money actually and necessarily ex- 
pended by him in the discharge of his official duties. 
Such statement shall include office rent, salary of one 
clerk at the rate of two and one-half dollars per day 
while said clerk is employed, salaries and expenses of 
deputies while traveling under special orders, as herein- 



23 



after provided, all necessary traveling expenses, postage, 
stationery, fuel and such incidental expenses as may be 
required. The state auditor shall draw his warrant for 
such amount, which shall be paid monthly out of the 
game fund. (Laws 1909, p. 519.) 

Sec. 6559. Game conunissioner shall g:ive bond. 
Before entering upon the discharge of his official duties 
the game and fish commissioner shall give bond in the 
sum of five thousand dollars to the state of Missouri, 
with two or more sureties, to the acceptance of the secre- 
tary of state, conditioned that he will truly account for 
and apply all moneys which may come into his hands 
in his official capacity, and that he will faithfully per- 
form the duties enjoined upon him by law; and he shall 
take and subscribe the oath or affirmation required by 
the Constitution of the state. (Laws 1909, p. 519.) 

Sec. 6560. Game commissioner shall keep a seal. 
The game and fish commissioner shall keep a seal of 
office, which shall be used to authenticate all papers and 
documents issued and executed by him as such officer. 
(Laws 1909, p. 519.) 

Sec. 6561. Game commissioner shall make re-^ 
port to governor — when — what. — In the month of 
January of each year the game and fish commissioner 
shall make a report to the governor, showing the official 
business transacted by him. Such report shall show the 
number of hunters' licenses issued, together with all fees 
proceeding therefrom. It shall show what moneys have 
been received by the game and fish department from 
other fees and other sources. It shall show the number 
of deputies employed and shall give all necessary infor- 
mation concerning the affairs of the game and fish de- 
partment, said report to be published in pamphlet form. 
(Laws 1909, p. 519.) 

Sec. 6562. Duties of game commissioner. — It 
shall be the duty of the game and fish commissioner to 
enforce all laws now enacted and which may be here- 
after enacted for the protection, preservation and propa- 
gation of the game animals, birds and fish of this state, 
and to prosecute, or cause to be prosecuted, all persons 
who violate such laws. Said game and fish commissioner 
may make complaint and cause proceedings to be com- 
menced against any person for the violation of such laws, 
and he shall not be obliged to furnish security for costs. 
Said game and fish commissioner shall at any and all 
times seize any and all birds, animals and fish which 



24 



have been caught, taken or killed at a time, in a manner, 
or for a purpose, or had in possession, or which have 
been shipped, contrary to the laws of the state. (Laws 
1909, p. 519.) 

Sec. 6563. Certain articles forfeited to state. — 
The unlawful use of any articles contrary to the pro- 
visions of the game and fish law shall forfeit the same to 
the state, and upon their being found by law under any 
of the conditions prohibited by this article, shall be de- 
stroyed. (Laws 1909, p. 519.) 

Sec. 6564. Game commissioner may examine 
packages — penalty for refusal to allow examination. 
All birds, animals or fish seized by the said game and 
fish commissioner shall be donated to some charitable 
institution in the county where such seizure was made. 
It is hereby made the duty of every warehouse, cold 
storage plant, merchant or common carrier, agent, serv- 
ant or employe thereof, to permit the game and fish 
commissioner to examine any package in the possession 
of said warehouse, cold storage plant, merchant or com- 
mon carrier, or agent, servant or employe thereof, which 
the said game and fish commissioner shall suspect or 
have reason to believe contains fish, birds or game pro- 
tected by the laws of the state, and not entitled under 
such law to be transported or had in possession, or when 
the said game and fish commissioner shall suspect or 
have reason to believe that the said package is falsely 
labeled. Any person, firm or corporation refusing the 
game and fish commissioner, or any officer charged with 
the enforcement of the game and fish laws, permission to 
examine or open any such package or impede such action 
by the game and fish commissioner, shall be punished by 
a fine of not less than fifty dollars nor more than one 
hundred and fifty dollars. Said game and fish commis- 
sioner shall not be liable for damages on account of any 
search, examination or seizure made in accordance with 
the provisions of this article. (Laws 1909, p. 519.) 

Sec. 6565. Commissioner may serve warrants — 
may arrest without warrant, when. — Said game and 
fish commissioner shall have the same power to serve 
criminal processes as sheriffs or marshals, and shall have 
the same right as sheriffs or marshals to require aid in 
the execution of such process; said game and fish com- 
missioner may arrest without warrant any person caught 
by him in the act of violating any of the laws of the state 
for the protection or propagation of birds, game and 



25 



fish, and take such person forthwith before a justice of 
the peace or any court having jurisdiction, who shall 
proceed without delay to hear, try and determine the 
matter, the same as in other criminal cases. (Laws 
1909, p. 519.) 

Sec. 6566. Commissioner may appoint deputies 
— compensation. — The game and fish commissioner 
shall have power to appoint at any time one or more 
deputies from each congressional district, who shall assist 
him in the discharge of his duties, and said deputies shall 
have like power and authority herein provided for the 
game and fish commissioner; but such deputies shall be 
subject to the supervision and control of the game and 
fish commissioner and subject to removal by him. Such 
deputies shall each receive a per diem of three dollars 
for each day while under the direct orders of the state 
game and fish commissioner to perform services in the 
enforcement of the fish, game and bird laws, and their 
actual necessary expenses incurred while working under 
the direction of the state game and fish commissioner, 
which expenses shall be paid monthly upon vouchers 
verified under oath and approved by the state game and 
fish commissioner out of the game protection fund. 
(Laws 1909, p. 519.) 

Sec. 6567. Commissioner to publish and dis- 
tribute laws relating to game. — The state game and 
fish commissioner shall cause to be published in pamphlet 
form, for general distribution, the laws relating to game, 
birds and fish. (Laws 1909, p. 519.) 

Sec. 6568. Commissioner may issue permits, 
when — to whom. — The state game and fish commis- 
sioner may issue permits to any person to take, capture, 
kill, transport within or without this state, or import 
into this state, any game, fish or bird mentioned in this 
article, at any time when satisfied such person desires 
the same exclusively as specimens or for scientific or 
propagating purposes. Such permit shall be in writing, 
and shall state the kind and number to be taken and the 
manner of taking, the name of the person to whom issued, 
if imported into this state, the name of the state or ter- 
ritory, the name of the person shipping such birds, fish 
or game, and shall be signed by him; such permits shall 
not be transferable, nor shall it be lawful to sell or barter 
any of the birds, fish or game taken or imported under 
such permit for food purposes, and the holder of such 
permit shall be liable to the penalties provided in this 



26 



article if he violates any of its provisions. Such permits 
shall be issued upon payment of five dollars and shall 
expire December 31st of the year issued. (Laws 1909, 
p. 519.) 

Sec. 6569. Taxidermy — who shall engage in. — 
It shall be lawful for any person in the state of Missouri 
to engage in the art and business of taxidermy after first 
showing that he is skilled in such business and taking 
out a permit from the game and fish commissioner there- 
for, and it shall be lawful for any such licensee to receive 
from any person the carcass of any wild bird or game 
animal lawfully killed or any part thereof, to be mounted 
or preserved by the art of taxidermy, and to ship to any 
person the same, after being so mounted or preserved, 
by attaching to such shipment a tag, stating the name 
of the taxidermist and the number and date of his per- 
mit. It shall be lawful for any person in the state of 
Missouri, being a taxidermist, with permit and holding a 
permit for scientific collecting, to dispose of specimens 
for scientific and instructive purposes. The permit for 
the business of taxidermy shall be issued by the state 
game and fish commissioner upon the payment of one 
dollar, and such permit shall be good only during the 
calendar year of issue and shall not be transferable. (Laws 
1909, p. 519.) 

Sec. 6570. Commissioner may transmit speci- 
mens to other state wardens, when. — The state game 
and fish commissioner may, upon application from the 
game and fish commissioner, or corresponding officer, of 
any other state or territory, procure and transmit to 
such officer live specimens of the game animals, birds or 
fish of this state, to be used for scientific or propagating 
purposes. (Laws 1909, p. 519.) 

Sec. 6571. May remove fish, when. — The state 
game and fish commissioner may take at such time and 
in such manner from public waters of this state fish which, 
in his judgment, hinder or prevent the propagation of 
game or food fish, or when fish are in danger of perishing. 
Such removal shall be effected by such means and under 
such regulations as the state game and fish commissioner 
may provide. So much of such money realized from the 
sale of fish so removed may be used by the state game 
and fish commissioner in continuing the work of removal, 
and all surplus money must be turned into the game pro- 
tection fund. The Missouri fish commission may take 
or cause to be taken under the supervision of the state 
game and fish commissioner any fish from public waters 



27 



in any manner, at any time, for any purpose connected 
with the fish culture or with scientific observation. (Laws 
1909, p. 519.) 

Sec. 6572. Permits to be issued, when — fee. — 
Upon the payment of ^ two dollars, unless otherwise pro- 
vided, to the state game and fish commissioner, he is 
authorized to issue permits according to the provisions of 
this article. (Laws 1909, p. 519.) 

Sec. 6573. Certain officers deputy wardens. — 
All sheriffs, deputy sheriffs, marshals, constables and 
other peace officers are hereby declared to be ex efficio 
game and fish commissioners. (Laws 1909, p. 519.) 

Sec. 6574. License to hunt. — It shall be unlaw- 
ful for any person, after the passage of this article, to 
hunt in this state without first obtaining a license per- 
mitting him or her to do so. Such license shall be dated 
when issued, and shall authorize the person named there- 
in to hunt during the calendar year of issue, and then 
subject only to the regulations and restrictions provided 
by law. (Laws 1909, p. 519.) 

Sec. 6575. License to nonresidents, how pro- 
cured — must keep record — license to residents, how 
procured. — The state game and fish commissioner shall 
issue licenses to nonresidents for hunting in the manner 
and under the conditions hereinafter stated. All fees for 
such licenses shall be paid by the state game and fish 
commissioner to the secretary of state, and shall be by 
him paid to the state treasurer. The state game and 
fish commissioner shall procure the printing of all licenses 
for hunting, and a record of such licenses issued to non- 
residents shall be kept in the office of the state game and 
fish commissioner. All hunting licenses shall be num- 
bered consecutively at the time they are printed. Res- 
ident licenses shall be furnished by the state game and 
fish commissioner to the clerks of the several counties 
and the license collector of the city of St. Louis, who shall 
issue the same upon the terms and conditions herein 
provided. Not more than one license shall be issued 
to the same person in any one calendar year. (Laws 
1909, p. 519.) 

Sec. 6576. Application of nonresidents must 
contain what — fee. — Any nonresident of this state may 
secure a license for hunting by filing his (or her) affidavit 
with the state game and fish commissioner, stating his 
(or her) name, age, place of residence, postoffice address, 
color of his (or her) hair and eyes, and the fact whether 



28 



he (or she) can or cannot write his (or her) own name and 
paying to the state game and fish commissioner the sum 
of twenty-five dollars. (Laws 1909, p. 519.) 

Sec. 6577. Resident license, by whom Issued — 
record kept — clerk's fee — monthly remittance and 
report — penalty. — County clerks and the license col- 
lector of the city of St. Louis shall issue resident licenses, 
under the seal of their office, to all persons complying 
with the provisions of this article, and shall sign the 
same, and before such license shall become operative, 
and before the licensee shall have the right thereunder 
to hunt, he shall sign his name, in ink, on the margin of 
the license paper. He shall keep a complete record of 
all licenses issued in a book, to be furnished by the state 
game and fish commissioner, which record shall remain 
in his office and be open to the inspection of the public 
at all times. Such clerk and the license collector of the 
city of St. Louis shall retain, out of the money received 
for each license issued, the sum of fifteen cents, which 
shall cover the swearing of the applicant to the affidavit 
herein referred to, and all other services under this arti- 
cle, and shall pay the balance to the state treasurer on 
the first day of each month, and report to the state game 
and fish commissioner the number of licenses issued and 
the amount of money remitted to the state treasurer on 
the first day of each month. Any person violating any 
of the provisions of this section shall be deemed guilty 
of a misdemeanor, and, upon conviction, be fined not 
less than twenty-five dollars nor more than one hundred 
dollars. (Laws 1909, p. 519.) 

See State v. Moody. 202 Mo. 120. 

Sec. 6578. Resident or state license, good 
where — qualifications of applicant — fee — proviso. — 

Resident licenses shall be issued as county resident li- 
censes and state resident licenses. A county resident 
license shall entitle the holder to hunt only in the county 
wherein such license is issued, and any adjoining county. 
A state resident license shall entitle the holder to hunt 
in all counties in the state of Missouri. Any person who 
has been a bona fide resident of this state for six months 
last past may secure a license for himself (or herself) by 
filing his (or her) affidavit with the clerk of the county 
where he (or she) resides, stating his (or her) age, name, 
place of residence, postoffice address, the color of his 
(or her) hair and eyes, and the fact whether he (or she) 
can or cannot write his (or her) name, paying to said 
clerk one dollar for a license to hunt in the county in 



29 



which he resides and any county adjoining same, or five 
dollars for a state resident license: Provided, that this 
section shall not apply to owners and tenants of farm 
lands used exclusively for agricultural purposes, and 
members of their families under the age of twenty-one 
years, who m.ay hunt on their own or leased lands with- 
out obtaining a hunting license. (Laws 1909, p. 519.) 

See Ex parte Helton, 117 A. 609. 

Sec. 6579. Duties of license collector St. Louis 
city same as county clerk. — For the purpose of carry- 
ing on the provisions of this article, the license collector 
of the city of St. Louis shall correspond to the county 
clerks of the various counties in this state. Such license 
collector shall be provided with the necessary license 
blanks and affidavit blanks and license record. He shall 
issue resident hunters' licenses and collect therefor the 
fee required in section 6578 of this article, and for each 
license issued such license collector shall retain from such 
money collected a fee of fifteen cents. He shall keep such 
records relating to licenses issued and make such reports 
to the state game and fish commissioner concerning the 
same as the provisions of this article require of county 
clerks. (Laws 1909, p. 519.) 

Sec. S580. License may be inspected, by whom 
— penalty for refusal. — It is hereby declared to be the 
duty of every person holding a hunter's license in the 
state to present the same for inspection by the game and 
fish commissioner or any of his deputies, or any other 
state officer, or any sheriff, marshal or constable. Any 
person holding such license and refusing to present the 
same when a proper demand is made therefor, shall be 
deemed guilty of a misdemeanor, and, upon conviction, 
shall be punished by a fine of not less than ten dollars 
nor more than twenty-five dollars. (Laws 1909, p. 519.) 

Sec. 6581. Penalty for hunting without license. 
Any person who shall hunt in this state without being 
at the time of such hunting in possession of a license, as 
herein provided, duly issued to him (or her), which li- 
cense shall cover the period in which he (or she) shall be 
hunting, or who shall furnish to another person a license 
issued to him (or her), shall be fined not less than twenty- 
five dollars nor more than one hundred dollars and costs 
of prosecution. (Laws 1909, p. 519.) 

Sec. 6582. Penalty for fraudulently procuring 
license. — Any person who shall make to any person 
authorized to issue hunting licenses a false statement, or 
who shall change or alter in any manner a hunting license. 



30 



shall be punished by a fine of not less than fifty dollars 
nor more than one hundred dollars and costs of prosecu- 
tion. (Laws 1909, p. 519.) 

Sec. 6583. Licenses distinguisliable In color — 
distribution of — annual return and report. — The li- 
censes of state residents and county residents and non- 
residents shall be printed so different in color as to be 
easily distinguished. The state game and fish commis- 
sioner shall deliver to the clerk of each county and the 
license collector of the city of St. Louis, as soon as this 
article goes into effect, and at least ten days before the 
first day of January of each year thereafter, as many 
licenses as may be required, and shall charge said clerk 
and collector with the number so issued to him. On 
the fifteenth day of December of each year, and within 
ten days thereafter, each county clerk and collector of 
St. Louis shall return to the state game and fish com- 
missioner all unused licenses and unused stubs of the 
licenses issued, with a report of the number of licenses 
issued, amount of money received, amount retained by 
him, and the amount paid over to the state treasurer for 
hunting licenses issued. (Laws 1909, p. 519.) 

Sec. 6584. Schedule of game and open dates on 
back of license — licensee shall report to commis- 
sioner. — On the back of each hunting license the state 
game and fish commissioner shall cause to be printed a 
table showing the names of birds and animals that may 
be killed, together with a list of days; and the holder of 
such license shall set down in the proper place the num- 
ber and name of each kind of bird or animal killed, and 
return such license, with such table properly filled, to 
the state game and fish commissioner. (Laws 1909, 
p. 519.) 

Sec. 6585. "Game protection fund," availabil- 
ity and restrictions. — -All moneys sent to the state 
treasurer in payment of hunting licenses, other licenses, 
penalties and forfeitures shall be set aside by the state 
treasurer and shall constitute a fund known as the "game 
protection fund," for the payment of salary of the state 
game and fish commissioner and his necessary expenses; 
for the payment of deputy game and fish commissioners and 
their necessary expenses; also, the buying, shipping, keep- 
ing, propagating and preserving of game. The liability 
of the state for per diem, salaries and expenses of deputy 
game commissioners appointed under this article or other- 
wise, and for all other services and expenses incurred for 



31 



any purpose or in consequence of this article, shall be 
limited to the amount of moneys in the game protection 
fund, and in no event shall the state pay any such sal- 
aries or expenses, or be liable in any way therefor, except 
to the extent of such game protection fund, any contract, 
express or implied, of the state game and fish commis- 
sioner to the contrary notwithstanding. And said state 
game and fish commissioner shall not issue any voucher, 
nor shall the state auditor approve any voucher if issued 
by the state game and fish commissioner under the pro- 
visions of this article, or otherwise, for any such per 
diem, salary, services or other expenses of any kind, 
unless the money to pay such voucher shall at the time 
be on hand to pay the same. (Laws 1909, p. 519.) 

Similar provisions in the act of 1905, p. 158, for dis- 
position of "lines, penalties, forfeitures" were held uncon- 
stitutional, and the prosecutions and penalties held to be 
criminal. State ex rel. v. Warner, 197 Mo. 650. 

Sec. 6586. Trials, duty to report fines. — It shall 
be the duty of every justice of the peace, magistrate or 
clerk of the court before whom any prosecution under 
this article is commenced, or shall go on appeal, and 
within twenty days after the trial or dismissal thereof, 
to report In writing the result thereof, and the amount 
of fine collected, if any, to the state game and fish com- 
missioner. (Laws 1909, p. 519.) 

Sec. 6587. Penalties collected, how disposed of. 
Moneys collected from penalties or forfeitures under this 
article, belonging to the game protective fund, shall be 
paid over by the officer authorized to collect said money 
to the state treasurer on or before the first day of each 
month. (Laws 1909, p. 519.) 

Sec. 6588. State treasurer to make monthly re- 
port to commissioner. — The state treasurer shall re- 
port on the first day of each month to the state game and 
fish commissioner the exact amount of money In the 
game protection fund. (Laws 1909, p. 519.) 

Sec. 6589. Shipping, owner to accompany game 
— penalty. — It is unlawful and is prohibited for any per- 
son who has lawfully killed the same in this state to take, 
ship or transport out of this state, or ship or transport 
within the state, any of the birds or game protected by 
the laws of this state, unless the same shall be In personal 
possession of or carried openly as baggage or express by 
the owner thereof, and such owner shall have in his (or 
her) possession at the time a nonresident or resident li- 
cense duly Issued to him (or her) under the provisions 



32 



of law, and shall accompany the said birds or game on 
the same train or other conveyance of the common car- 
rier. Any person who shall violate any of the provi- 
sions of this section shall be punished by a fine of not less 
than twenty-five dollars nor more than one hundred dol- 
lars. (Laws 1909, p. 519.) 

No hunter can lawfully ship game unless he has a 
Sicense. Ex parte Helton, 117 A. 609. 

Sec. 6599. Transportation company must in- 
quire for license before shipping. — Any person, com- 
pany, corporation or common carrier, before shipping or 
transporting any animals or birds, must ascertain if any 
person offering for shipment such birds or game is in 
possession of a hunter's license duly issued to him (or 
her) and covering the period when such shipment is 
offered. Such birds or game may be shipped or trans- 
ported, provided it is accompanied by the shipper from 
place of shipment to destination, if within the state, and 
to state line, if without the state. No transportation 
company or common carrier shall receive for transporta- 
tion or transport any of the birds or game protected by 
this article unless the same shall be received for trans- 
portation, carried and delivered pursuant to the provi- 
sions of this article, and shall only be received for ship- 
ment, carried or delivered during the season or time 
which the laws of this state shall fix as the open season 
for transportation of such birds or game. Any person, 
corporation, company or common carrier violating any 
of the provisions of this article shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof, shall 
be punished by a fine of not less than fifty dollars nor 
more than one hundred dollars. (Laws 1909, p. 519.) 

No person can receive for shipment, and no carrier 
can carry, game unless lawfully killed. The only evidence 
required that the game has been lawfully killed is that the 
person having the game and ofiPering it for shipment has a 
license issued to him. Ex parte Helton, 117 A. 609; State 
V. Koock, 202 Mo. 223. 

Sec. 6591. Providing for the shipment and sale 
of deer and elk. — To encourage raising deer and elk in 
this state in captivity, nothing in this act shall be con- 
strued to prevent the shipment or sale of deer or elk, 
alive, or dead, from preserves when such deer or elk are 
raised in captivity, such shipments or sales to be made 
in a manner prescribed by the state game and fish com- 
missioner. (New section.) 

Approved March 27, 1911. 



33 



An act to amend article 8, chapter 36, of the Revised 
Statutes of Missouri of 1909, entitled "Crimes and pun- 
ishments," and relating to miscellaneous offenses, by 
adding thereto a new section, to be known as section 
4893a. 

Be it enacted by the General Assembly of the State of Mis- 
souri, as follows: 

Section 1. That article 8 of chapter 36 of the Re- 
vised Statutes of Missouri of 1909, be and the same is 
hereby amended by adding thereto a new section to be 
known as section 4893a, which shall read as follows: 

Section 4893a. Every person who shall be found 
hunting, with gun or dog, upon the enclosed, improved 
or cultivated lands of another, or shall enter the same to 
catch or kill game of any kind, without the consent of 
the owner or person in charge of such lands, shall, on 
complaint of such owner or person in charge of such 
lands, and upon conviction therefor, be fined not exceed- 
ing ten dollars. 

Approved March 27, 1911. 

Be it enacted by the General Assembly of the State of Mis- 
souri, as follows: 

Section 1. It shall be unlawful for any person or 
persons to go upon the enclosed premises of another for 
the purpose of molesting the den or dens of any fur or 
hair-bearing animal by any human device or to set any 
trap, snare, net, deadfall or other device without first 
having upon his person at the time the written permis- 
sion of the owner or agent of such premises to so do. 

Sec. 2. Any person or persons violating any of the 
provisions of this act shall be deemed guilty of a mis- 
demeanor and upon conviction thereof shall be fined 
not more than fifty dollars nor less than ten dollars for 
each offense. 

Sec. 3. The fact that the time of the year is such 
that fur-bearing animals are now preparing their dens 
to raise young, creates an emergency clause within the 
meaning of the Constitution; therefore, this act shall 
be in force and effect upon and after its passage. 

(New sections.) Approved March 25, 1913. 



THE HUGH STEPHENS PRINTING CO.. JEFFERSON CUV 



Gaj'lord Bros. 
Make 
Syracuse, N. V. 
PflT. JAN. 21, 1908 



LIBRARY OF 



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